- Table of Cases
- Table of International Treaties and Conventions
- Table of Rules and Resolutions
- Table of Legislation
- List of Contributors
- Policy Issues
- Investment, Investor, Nationality, and Shareholders
- Applicable Law
- Multilateral Investment Rules Revisited
- Interactions Between Investment and Non-investment Obligations
- Trade and Investment
- Admission and Establishment
- Standards of Treatment
- Coverage of Taxation Under Modern Investment Treaties
- Most-Favoured-Nation Treatment
- Emergency Exceptions: State of Necessity and <i>Force Majeure</i>
- Investment Insurance
- State Responsibility and Attribution
- Regulatory Transparency
- Corporate Social Responsibility
- Methods of Dispute Resolution
- Procedural Transparency
- Independence, Impartiality, and Duty of Disclosure of Arbitrators.
- Consent to Arbitration
- Jurisdiction and Admissibility
- The Jurisdictional Threshold of a Prima-Facie Case
- The Relationship between International Tribunals and Domestic Courts
- Parallel Proceedings
- Compensation, Damages, and Valuation
- Review of Awards
- An Appellate System in International Investment Arbitration?
- Compliance and Enforcement
- A Doctrine of Precedent?
- Tribunal's Powers versus Party Autonomy
Abstract and Keywords
In an international investment system wherein an external conflict resolution system is shopped for as and when needed, the introduction of an appellate system in International Centre for Settlement of Investment Disputes (ICSID) with potential precedential consequences for other bilateral investment systems poses interesting challenges. This article presents in brief some of the arguments for an appellate process in the investment sphere. It also discusses various developments that have led to a number of learned conferences on investment arbitration in which the proposal for an appellate system has been the subject of discussion involving both academics and practitioners in the field. It identifies some of the potential appellate options, and focuses on the development perspective to such a proposal. This article is proffered mainly as a framework paper focusing on some key issues. It discusses the inter alia involved in the development perspective in the establishment of an appellate process in the investment sphere.
Asif H. Qureshi is Professor of International Economic Law, Law School, University of Manchester.
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